..... the article or apparatus being new and useful-both these conditions must be present in the matter of obtaining the grant of a patent under the patent act. be it also noted that the learned trial judge has dealt with the two english decisions as cited by mr. chakraborty in ..... if the words 'new and useful manner of manufacture' were limited to the production of new articles without reference to the process of manufacture involving patent and improved, the inducement which law intended to give to the inventor would be encompassed within very narrow rules. the word 'manufacture' would, in ..... said to be correct since the appellant prayed for an order of injunction before the learned trial judge in regard to the protection of its patent being no. 169335 in its entirety. the respondents, however, disputed such a stand by reason where for the notes of submission, as submitted ..... of such inventions would be totally frustrated and the inventor would turn out to be a man dejected. the fundamental aim in practising the patent system is to protect and encourage fair competition in the field of technology so as the transform inventions or creations into real productive forces ..... a developing society and thereby giving rise to further scientific research and development for the benefit and enrichment of the present-day society, '''he patent office, therefore, has an important role to play in promoting scientific and technical progress and consequent economic development of the country. the inventions .....

..... petitioner-respondent no. 3 on january 14, 1993 is based on no facts. as that finding of fact is a jurisdictional fact, the learned court below committed a manifest error patent on the face of the proceedings and a petition for writ lies in the case.in view of the discussions made above, the writ application succeeds. the impugned order is ..... is that the finding of the learned industrial court that there was sufficient cause for the absence on the relevant date in this case is without any foundation and hence patently perverse. in a proceeding under article 226 of the constitution of india, the high court cannot sit as a court of appeal over the findings recorded by a competent tribunal ..... law or inference from such fact, that he still remained a clerk and therefore, was a workman within the meaning of the i.d. act, it is a manifest error patent on the face of the proceedings and a petition for a writ of certiorari lies in the case. mr. ganguly has also referred to the principles laid down in ramendra .....

..... . the current record department, for the purpose of entering those application papers, is maintaining several ledgers like - (i) award: (ii) special suit; (iii) extraordinary suit; (iv) income-tax matters; (v) patent appeal; (vi) transfer of companies matter; (vii) transfer of banking company suits; (viii) execution matters etc. 10. the testamentary department, after receiving the papers, enter the same in the following ..... they put up the same before the registrar (insolvency) for being placed before the appropriate court for necessary direction. 13. as regards suits where leave under clause 12 under letters patent and/or leave under order 2, rule 2 of the code of civil procedure has to be obtained, the said leave has to be first obtained from the concerned court .....

..... of application forms/brochures, servicing depositors' accounts, etc., but provides a sum of rs. 10 only for that purpose. it has been submitted that a sum of rs. 10 is patently insufficient and arbitrary towards meeting the expenses for the purposes mentioned in the proviso itself. the cost of an application form/brochure on a conservative estimate cannot be less than ..... / brochure, servicing the depositor's account, etc., but provides a sum of rs. 10 only for that purpose. the fixation of rs. 10 as the maximum amount appears to be patently insufficient and arbitrary towards meeting the expenses for the purposes mentioned in the proviso itself.250. by introduction of paragraph 4a, the reserve bank has sought to ban the recovery .....

..... finding of items, or details, in the scheme which are open to valid criticism, is not unfairness consistent with the spirit of that judgment. a scheme must be obviously unfair, patently unfair, unfair to the meanest intelligence. it cannot be said that no scheme can be effective to bind a dissenting shareholder unless it complies to the extent of 100 per ..... a different thing from saying that it must be established that the scheme is not a very fair or not a fair one : a scheme has to be shown affirmatively, patently, obviously and convincingly to be unfair.' 18. learned counsel on behalf of the respondent objector relied on the judgment in alembic chemical works co. limited, in re [1988] 64 comp .....

..... s.255constitution of india art 227writ--jurisdiction of high court--serious miscarriage of justice.ratio & held :for prevailing grave and serious miscarriage of justice including one resulting from following a patently erroneous procedure or contravention of basic principles of justice and fair play, the supervisory and superintending jurisdiction conferred on court by article 227 remains always there. application :also to current ..... well-settled by the decisions of the apex court but it is equally well-settled that for preventing grave and serious miscarriage of justice including one resulting from following a patently erroneous procedure or contravention of basic principles of justice and fair play, the supervisory and superintending jurisdiction conferred on courts by the said article remains always available. (vide trimbak gangadhar .....

..... . the petitioner denied the membership, ownership and purchase of any flat beyond flat no. 0/2 at maniktala. 6. in the back-ground, the notice dated 9.6.95 is patently lost its sting and illegal which was served and/or issued on the imagination of purchase of a flat in the housing estate. the right of the petitioner cannot be ..... claim of the respondent on the count that the petitioner at no point of time was armed with any flat at icv samabay niwas. 14. but the question which is patent for examination of the court within the realm of the writ jurisdiction is as to whether the petitioner has or had really more than one flat either in his own .....

..... file additional written statement and the manner of their participation in the trial can be said to have resulted in waiver of whatever right they might have had. the allegedly patent errors lost-all their impacts in the facts of the present case and it is not now open to the defendants/appellants/applicants to embark upon a process of reasoning ..... as noted by me hereinabove. it is well settled that an error can be said to be one apparent on the face of the records only when such error is patent and can be located without any elaborate argument without any scope for any controversy with regard to such error which as if at a glance stares at the face (thungabhadra .....

..... which the tribunal agreed was patently illegal and reverse. consequently, the decisions given by the two authorities deciding three questions referred to us are liable to be answered against the department and in favour of the ..... court has power to set aside such order passed on consideration of irrelevant facts and on non consideration of materials on record. a finding suffered from such an obvious and patent error, in our view, is liable to the set aside and the high court would be justified in going so. collector's appreciation of the circumstantial evidence before him with .....

..... calcutta high court in case of aubhoy churn mohunt v. shamont lochun mohunt reported in 1989 (16) ilr 788 (sic). that is a case under cl. 15 of the letters patent. in reference to ss. 623, 627 and 629 speaking for the bench chief justice petheram has held at page 792 as under:--'i do not think that it could be .....